News

Colorado marijuana raid figure says indictment is unconstitutional

Hector Diaz is shown wearing a DEA baseball cap and holding up two authentic-looking semi-automatic rifles with detachable magazines, one in each hand. Diaz also appears to have two additional handguns stuck inside the front of his pants. (U.S. Attorney's Office)

A Colombian man charged with a weapons violation in connection with major federal raids on Colorado medical marijuana businesses says his indictment should be thrown out because the charge is unconstitutional.

The Cannabist

Recent Cannabist news

Hector Diaz was indicted on one count of being in possession of a firearm while in the United States on a nonimmigrant visa. He was arrested in November, after federal agents raided a house in Cherry Hills Village where he was staying — one of 16 addresses hit in a sweep of medical marijuana businesses that investigators believe may have ties to drug cartels.

Advertisement

Diaz was not named in a search warrant as a target of the raids, but, after his arrest, investigators disclosed they had obtained an e-mailed photo of Diaz that appears to show him holding four guns inside the Cherry Hills Village home.

Federal law makes it a crime for foreigners briefly visiting the U.S. to possess firearms, while exempting those with hunting permits.

But, in a motion filed this month, Diaz's lawyer says the charge against Diaz violates the Second Amendment right to bear arms. The motion also argues that the distinction between visitors with hunting permits and those without is arbitrary and a violation of the 14th Amendment's guarantee of equal protection.

"It is unquestionable that the vast majority of personal constitutional rights apply to noncitizens as well as to citizens," the motion argues.

In a separate motion, Diaz — also known as Hector Diaz-Martinez — argues his indictment should be dismissed because of selective prosecution and notes news stories about shooting ranges that cater to foreign visitors, even though those visitors don't have hunting permits. Federal agents have never sought to shut down the ranges or prosecute people who visit them, the motion states.

"It is apparent that because Mr. Diaz-Martinez is a Latino from a country believed by the government to be involved in the illegal drug business, he is being singled out for prosecution based on his race and nationality," the motion argues.

Prosecutors have not yet responded to the motions. In a separate filing this month, prosecutors received the judge's approval to redact information from copies of the search warrants they have to share with Diaz's attorney. Releasing the information, prosecutors argued, "could substantially jeopardize the ongoing investigation due to potential destruction of evidence, flight from prosecution and other obstructive conduct."

Billionaires, entertainers and athletes alike announced their intentions to pursue the Los Angeles Clippers with varying degrees of seriousness Wednesday, proving the longtime losers will be quite a prize if the NBA is able to wrest control of the team away from Donald Sterling after his lifetime ban for racist remarks. Full Story

Louie, who (like Louis) is a New York comic and a divorced father of two daughters, knows struggle and angst and cloudy wonderment. He views life through eyes with a stricken look, dwelling in a state of comfortable dread. Full Story